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Inspection for Holdover Case

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Inspection for Holdover Case

Postby McDowell » Fri Apr 18, 2003 5:48 pm

I currently have a pending holdover case for illegally subletting my apt. I have cured. The person I subletted to still lives here and we are now roommates. The court case has been adjourned once and is scheduled again for 4/30. My attorney is trying to resolve the case outside of court. This Tuesday, 4/22, LL will be coming over to do an "inspection" presumably to see if I actually live there. Has anyone been through this or something similar? If so, what can I expect the LL to do and/or ask? What will he, or more likely his agent, be looking for? How far, how much can they "inspect?" Do I need to go so far as to open closets and drawers in order to point out my socks as opposed to my roommates socks? I have bills, etc. that I can show them with my name and address but I don't want to get too personal with LL. My attorney advised me not to answer any questions by simply referring LL's query's to him in order to answer. I'm wondering if I should record the inspection (I'll ask my attorney on Monday.) If anyone has been through this and/or has any advise at all I'd be very grateful.
McDowell
 
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Re: Inspection for Holdover Case

Postby Cranky Tenant » Fri Apr 18, 2003 10:00 pm

This seems like the kind of question you should be asking your attorney. If he's trying to reach some kind of settlement out of court, you certainly don't want to work against that.

On the other hand, you still have a right to privacy so you shouldn't be required to show the LL everything and anything he may ask for.
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
 
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Re: Inspection for Holdover Case

Postby McDowell » Tue Apr 22, 2003 9:07 pm

Thanks Cranky. I did ask my attorney (before posting my original post) but thought I'd take a shot at asking if any other tenants have had similar experiences. Yes, my attorney is trying to settle out of court. In any case, LL or LL's rep, did not show up today for the inspection. It was a crap shoot as to whether they would or not (they're a large management agency and have way too many apartments and, presumably, too many cases to bother with something like showing up to "inspect" an apartment) so it looks like we're off to court at the end of the month, which is when the next scheduled date is. It is so tiring but I understand, it's also the name of the game. Thanks again. And I'll post the outcome, events, as they unfold.
McDowell
 
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Joined: Wed Feb 05, 2003 2:01 am
Location: Manhattan


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